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TIETZ v. BOWEN

No. C-87-0279 WHO.

695 F.Supp. 441 (1987)

Wilhelm A. TIETZ, on behalf of himself and others similarly situated, Plaintiff, v. Otis R. BOWEN, Secretary of Health and Human Services, and Does I through X, inclusive, Defendants.

United States District Court, N.D. of California.

August 12, 1987.

Attorney(s) appearing for the Case

Maxine R. Benmour, Legal Assistance to the Elderly, Inc., San Francisco, Cal., for plaintiff.

Joseph P. Russoniello, U.S. Atty., Judith A. Whetstine, Chief, Civil Div., Stephen L. Schirle, Asst. U.S. Atty., San Francisco, Cal., for defendants.

OPINION AND ORDER

ORRICK, District Judge.

Defendant, Secretary of Health and Human Services ("the Secretary"), brings this motion to dismiss or, in the alternative, for summary judgment, for failure of plaintiff, Wilhelm A. Tietz, on behalf of himself and others similarly situated, to exhaust administrative remedies under § 15 of the Age Discrimination in Employment Act ("ADEA"). 29 U.S.C. § 633a. The Secretary also moves to strike the jury demand...

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